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II i\o. 108. 



m ASSEMBLY, FEB. 20. 1849. 



COMMUNICATIOiM 

From the Governor, transmitting certain proceedings rf 
the Seneca Nation of Indians. 



Executive Chamber, ) 
Albany, February 20th, 1849. ) 

TO THE LEGISLATURE. 

Application has been made by a deputation of Seneca Indians, lor 
the recognition of a new form of government which they claim to 
have established in a general convention of the Seneca nation of In- 
dians, abolishing the ancient form of government by chiefs, which 
has heretofore existed in the several nations of the Iroquois confederacy. 

This convention was held on the Cattaraugus Reservation, and on 
the 4th of December last, adopted a declaration and a constitutional 
charter, and passed resolutions directing that a copy of the declara- 
tion and charter then adopted, should be transmitted to the Governor 
of this State with the request that the same be put on file in the 
proper offices. 

I have placed the manuscript cppy which I received from the clerk 
of the nation under this new government, on file witii the Commis- 
sioners of the Land Office, in whom has been vested by the act of 
1841, the charge of most of the relations of this State with the In- 
dian tribes. 

[Assembly, No. 108. j 1 [u. n.5t.l 



X. 



]b 



<.:.\ . 






[Assembly 



Another deputation representing the chiefs, has earnestly remonslra- 
ted against any change being recognised in the form of government 
of their ancient forest republic, or in the relations between the gov- 
ernment of this State and that of the Seneca nations of Indians. 

Each of these parties has been represented at the seat of the federal 
government; and I am informed that the bureau on Indian affairs, 
has given notice to the sub-agent of the United States for the New- 
York Indians, that the new form of government will be recognized 
by the government of the United States, and that so far as may be 
necessary, its relations with those Indians will be made to conform 
thereto. 

No power exists in the Executive to recognize or to disclaim the 
new form of government. The power of making treaties with the 
Indians which was formerly lodged in the Executive, was transferred 
by the act of 1841 to the Commissioners of the Land Office. The 
objects for which the Commissioners are authorized to treat with 
Indians, are supposed to be limited, so as not to enable them to act 
upon the question which the friends of the new government desire 
to present. 

It has therefore been deemed advisable to present the whole subject 
to the consideration of the Legislature. I accordingly communicate 
herewith a copy ot the resolutions, and of the declaration and con- 
stitution adopted by the new form of government, together with the 
papers which their representatives have submitted to me, including 
copies of letters from the Commissioner of Indian affairs at Wash- 
ington, declaring the intention of the government there to recognize 
the newly established government of the Senecas. 

I also communicate a letter and remonstrance addressed to me by 
the representative and delegate of the chiefs, earnestly and eloquent- 
ly protesting against any change in the relations between the govern- 
ment of this State and that of the Seneca nations; and also copies 
of a protest and remonstrance addressed to the President of the Uni- 
ted States, which they desire may also be considered by the authori- 
ties of this State in determining on the question which is now sub- 
mitted. 

These papers present the question as submitted by the respective 
parties. The subject is tull of interest, as bearing upon the peace, 



^^ No. 108.] 






the happiness and the future civilization of the remains of what wa.s 
once a great and powerful nation. The importance of an early de- 
cision of this subject as involving not only a question of philanthro- 
py and benevolence, but also one of high State policy, induces me to 
commend it to your attention. 

HAMILTON FISH. 









^^ 



w 



RESOLUTIONS 

Adopted by the Convention of the Seneca Nation of 
Indians, December 4th, 1848. 

Resolved, That this convention feel grateful for the religious ancJ 
scientific instruction which benevolent societies and individuals have 
bestowed upon us, as well as for the introduction of proper means 
among us for our improvement; and particularly do we desire to ex- 
press our gratitude to the Society of Friends; they were the first to 
introduce the means of our culture and improvement, and laid the 
foundation of our education and civilization, by which means we 
haye become wiser and enlightened, and been enabled to see and un- 
derstand our rights; they also befriended and aided us when friend- 
less, and without means to sustain ourselves in time of peril — always 
zealous and unremitting in their labors for our welfare. Also to 
the American Board of Coiiimissioners, for Foreign Missions, in send- 
ing us missionaries and teachers to enlighten our minds and direct 
us to the true light, and teach us the plan of salvation: and also to 
the people of the State of New-York, for their benevolent efforts in 
enacting laws for our protection and improvement, as well as for the 
large and generous appropriations made by them for the erection of 
school houses, and the payment of school teachers among our people, 
and we desire that these kind offices may be continued. 

Resolved, That inasmuch as we have abolished our former govern- 
ment; that by so doing all appointments under that government have 
now become annulled, therefore, 

Resolved, That the Seneca nation of Indians in this general con- 
vention assembled, do hereby express their thanks to their friend and 
brother Sagaoh [Philip E. Thomas] of the city of Baltimore and 
State of Maryland, for the faithful discharge of his duties as repre- 
sentative of our nation (under our late government) to the Uni- 
ted States government at Washington, and having undiminished con 
fidence in his integrity and ability, we do hereby constitute and ap- 



6 [Assembly 

J 

point him our embassador, under our new form of government, to 
represent us, and to have charge of all the interests and affairs of the 
Seneca nation of Indians to the United States government at 
' Washington. 

^^^ Resolved^ That as it is customary among our people that whenever 

^j^, any important event occurs in the history of any member of our na- 

tion, either by the natural transition from childhood to manhood, 
• " from warrior to chieftain, or from chieftain to sachem, therefore we 

declare, that in consequence of this change in our government of his 
re-appointment of the new, and with the consent of the relatives of our 
friend Sagaoh, that the name Sagaoh shall cease to be his name, by 
which he was called and known among us, and that herefter his name 
.^^ shall be Hai-wa-noh, (Embassador, Representative, or Charge d'Af- 

>^ faires) because he is to represent our nation and people, by which 

■^ appellation he is henceforth to be known among us, and that the 

ceremony of christening be immediately performed. (Whereupon 
the ceremony of changing the former Indian name and christening 
Philip E. Thomas, of Baltimore, was performed, according to our 
customs and usages by Sa-dye-na-wa, (John Hudson) and declared that 
the said Thomas may hereafter be known by the name of Hai-wa- 
«, noh.] (Great sensation and applause of approbation.) 

V^ Resolved, That the clerk and president are hereby authorized and 

empowered to prepare the credentials of Hai-wa-noh, [Philip E. 
Thomas] our embassador, whom we have hereby constituted and ap- 
pointed; and forward the same to him as soon as practicable, to- 
gether with the declaration, constitutional charter, and request' him 
immediately to repair to the seat of the United States government, 
and present them to the proper authorities, and also to notify him of 

■fi the change of his name, and his appointment as an officer of the 

>v government of the Seneca nation of Indians. 

^''o^^'< That copies of the declaration, constitutional charter, 
^n^ resolutions of this convention be forwarded by the clerk to the 
joint committee of the Society of Friends on Indian concerns, and to 
the Governors of the States of New-York and Massachusetts, with 
the request that the same be put on file in the proper offices, and 
that our representative be requested to present copies of the same to 
the Congress of the United States, now convened at Washington, 
and to the Secretary of War, with the request that the same be put 
on file in their respective departments. 



No. 108.] 7 

Resolved, That we have unabated and undiminished confidence in 
the abilities and qualifications of the United States interpreter (Peter 
Wilson) for this agency, having always discharged his duty faithful- 
ly, and that inasmuch as the late chiefs under our former government 
have petitioned for his removal, without just and reasonable cause, 
we hereby request our representative to protest and remonstrate 
against his removal. 

Resolved, That the clerk be hereby instructed to prepare and for- 
ward copies of the doings and proceedings of this convention to the 
publishers of the Buffalo Commercial Advertiser, and the New-York 
Tribune, with the request that the same be printed in their respective 
papers. 

I hereby certify that the above copy has heen examined and com- 
pared with the original now on file in the archives of the Seneca na- 
tion of Indians, by me, and is a correct transcript of the same, and 
of the whole of said resolutions passed by the general convention. 

WILLIAM JEMERSON, 
Clerk of the Seneca JVation of Indians. 

Cattaraugus Reservation, Erie County, JY. Y., ? 
December 5th, 1848. ) 



DECLARATION 

Of the Seneca nation of Indians, changing their form of 
government, and adopting a constitutional charter. 

We, the people of the Seneca nation of Indians, by virtue of the 
right inherent in every people, trusting in the justice and necessity 
of our undertaking, and humbly invoking the blessing of the God of 
nations upon our efforts to improve our civil condition, and to se- 
cure to our nation the administration of equitable and wholesome 
laws, do hereby abolish, abrogate, and annul our form of government 
by chiefs, because it has failed to answer the purposes for which all 
governments should be created. 

It affords no security in the enjoyment of property, — it provides 
no laws regulating the institution of marriage, but tolerates polygamy. 

It makes no provision for the poor, but leaves the destitute to 
perish 

It leaves the people dependent on foreign aid for the means of 
education. 

It has no judiciary nor executive departments. It is an irrespon- 
sible, self-constituted aristocracy. 

Its powers are absolute and unlimited in assigning away the peo- 
ple's rights, but indefinite, and not exercised in making municipal 
regulations for their benefit or protection. 

We cannot enumerate the evils growing out of a system so de- 
fective, nor calculate its overpowering weight on the progress of im- 
provement. 

But to remedy these defects, we proclaim and establish the fol- 
lowing constitution or charter, and implore the governments of the 
United States and the State of New- York to aid in providing us 
•with laws under which progress shall be possible. 



No. 108.] 9 

§ 1. Our government shall have a legislative, executive, and juili- 
ciary departments. 

§ 2. The legislative power shall be vested in a council of eighteen 
memberf!, who shall be termed the Councillors of the Seneca Nation, 
and who shall be elected annually on the first Tuesday of May in 
each year; and who shall be apportioned to each reservation accord- 
ing to its population, two-thirds of whom, assembled in regular ses- 
sion and duly organized, seall constitute a quorum, and be competent 
for the transaction of business; but to all bills for the appropriation 
of public moneys the assent of two-thirds of the members elected 
shall be necessary in order that the bill should become a law. 

§ 3. The executive power shall be vested in a President, whose 
duty it shall be to preside at all meetings of the council, having only 
a casting vote therein; and to see that all laws are faithfully execu- 
ted; and to communicate to the council at every session a statement 
of the condition of the national business, and to recommend for the 
action of the council such matters as he may deem expedient. In 
the absence of the President, the council may choose a presiding 
officer pro tempore. 

^ 4. The judiciary power shall be vested in three peace-makers 
on each reservation, any two of whom shall have power to hold 
courts, subject to an appeal to the council, and to such courts of the 
State of iNew-York as the Legislature thereof shall permit. The 
jurisdiction, forms of process and proceeding, in the peace-maker's 
courts shall be the same as in courts of the justices of the peace of 
the State of New-York, except in the proof of wills, and the settle- 
ment of deceased person's estates, in which cases the peace-makeis 
shall have such power as shall be conferred by law. 

§ 5. All causes of which the peace-makers have not jurisdiction, 
may be heard before the council, or such courts of the State of New- 
York as the Legislature thereof shall permit. 

§ 6. The power of making treaties shall be vested in the council, 
but no treaty shall be binding upon the nation until the same shall 
be submitted to the people, and approved by three-fourths of all the 
legal voters, and also by three-fourths of all the mothers in the 
nation. 

§ 7. Tliere shall be a clerk, and treasurer, and superintendent of 
schools, and overseers of the poor, and assessors, and overseers of 
highways, whose duties shall be regulated by law. 



10 [Assembly 

^ 8. Every officer who shall be authorized to receive public money, 
shall be required to give such security as the President and the At- 
torney for the Seneca Nation shall approve. 

§ 9. There shall be a marshal and two deputies on each reserva- 
tion, (Cattaraugus and Allegany,) who shall execute all processes 
issued by the courts, and do such other duties as shall be prescribed 
by law. 

^ 10. All officers named in this constitution or charter, shall be 
chosen at the same time, in the same manner, and for the same term 
as members of the council, and vacancies occurring in any office 
shall be filled in the manner fo be prescribed by law, and every male 
Indian of the age of twenty-one years and upwards, either residing 
on one of the reservations, (the Cattaraugus, Allegany, or Oil Spring,) 
or owning, possessing and occupying any lands upon either of said 
reservations, and which lands may have been taxed for highways, 
or other purposes, shall be entitled to vote at all elections. 

§ 11. Any legal voter shall be eligible to any office named in this 
constitution or charter, and all officers elect shall be inducted into 
office, and if necessary, shall be impeached by the use of such forms 
and regulations as shall be prescribed by law. 

§ 12. The compensation of members of the council shall be 
one dollar each per day, while in session; but no member shall 
receive more than twenty-six dollars during any one year. The 
compensation of all the officers shall be prescribed by law. 

§ 13. The council shall meet annually on the first Tuesday of 
June, and extra sessions may be convened by the President at any 
time he shall think proper. 

§ 14. The council shall have power to make any laws not incon- 
sistent with the constitution of the United States or of the State of 
New-York. 

§ 15. All offences which shall not be punishable by the laws of 
the United States or of the State of New-York, shall be tried and 
punished in the peace-makers' court, or before the council, as shall 
be prescribed by law. 

§ 16. The rights of any member of the ancient confederacy of the 
Iroquois to the occupancy of our lands, and other privileges, shall 



No. 108.] 11 

be respected as heretofore; and the council shall ))ass laws regu- 
lating for the admission of any Indian of other tribes or nations to 
citizenship and adoption into the Seneca nation of Indians, by his 
or her application, for his or. herself or family. 

^ 17. This charter may be altered or amended by a council of the 
people convened for that purpose, on three months previous notice, 
by a vote of two-thirds of the legal voters present at such conven- 
tion. 

§ IS. The saw-mills on the difTerent reservations now in opera- 
tion, are hereby declared to be national property, and the funds ac- 
cruing therefrom, shall be, by the council, appropriated to national 
purposes. But nothing in this charter shall be construed as prohibi- 
ting the erection of mills and other works for manufacturing or 
other purposes, by any private individual upon his own premises, 
provided that in so doing he do not trespass upon the rights of any 
other individual; and all such erections by individuals shall be re- 
spected as strictly private property. 

§ 19. The laws passed by the Legislature of the State of New- 
York for the protection and improvement of the Seneca nation of 
Indians, and also all laws and regulations heretofore adopted by the 
chiefs in legal council assembled, shall continue in full force and 
effect as heretofore, except so far as they are inconsistent with the 
provisions of this constitution or charter. 

§ 20. And in order to carry this form of government into effect, 
we hereby declare that Solomon McLane shall be president, and that 
John Cook, George Deer, John Green Blanket, John Bennett, Chas. 
Kennedy, Little Joe, George Green Blanket, Andrew John, and John 
Luke, shall be members of the council; and that William Jemerson 
shall be clerk, and Andrew John treasurer of the Nation; and John 
Hudson, superintendent of schools; and Joe White, John Tallchief, 
and John Shanks, overseers of the poor; and Peter Snow, Solomon 
Obail, and Thomas Shango, assessors; and Joseph Dudley, Stephen 
Silverheel, and John Pierce, overseers of the highways; and Stephen 
Silverheel, marshal; and William Logan and Allen Jiraeson, deputy 
marshals, and John Kennedy, jr., John Hudson, and John Cook, 
peace-makers, for the Cattaraugus Reservation, 

And that Solomon W. MacLane shall be superintendent of schools; 
and David Shango, Robert Watt, Benjamin Lewis, Peter Jimeson, 



12 



[Assembly 



John Snyder, Hanailton Shongo, Mash Pierce, James Long John, 
and Jabez Jones, counsellors; and John King, John Jimeson, Samuel 
Jones, overseers of the poor; and Benjamin Williams, Jesse Plum- 
mer, -and Dodge Fatty, assessors; and Joseph W. Pierce, John Tay- 
lor, and Peter John, overseers of highways; and Ruben Jackson, 
marshal; and Jas. Tandy, Bush Pierce, deputy marshals; and Sam'l 
W, Patterson, Tandy Jimeson, and Benjamin Pierce, peace-makers 
for the Allegany Reservation — until the election of officers on the 
first Tuesday of May next. 

Done in a general council of the people, held at the Council House 
on the Cattaraugus Reservation, on the 4th day of December, 
A.D. 1848. 

S McLANE, Chairman. 
WM. JEMERSON, Clerk. 

(Signed by the representatives of the people of the Seneca Nation 
of Indians.) 



Andrew Snow, 

John X Baldwin, 

Allen X Jimeson, 

Joel X Sundown, 

Jack X Kenjockedey, 

Henry X Philips, 

John X Jones, 

John X Tallchief, 

Henry X Jacobs, 

Young X Jackson, 

Allen X Snow, 

John X Shanks, 

Paul X Peter, 

Andrew X Fox, 

Wm. X Spencer, 

Philip X Kenjockedey, senior, 

James X Gordon, 

John X Wilson, 

Foster X Turkey, 

Major X Harris, 

Young X Farmer, 

Henry X Moses, 

Thomas X Shongo, 

Joseph X Jimeson, 



Davis X Isaac, 
John X Bark, 
John X General, 
John X Cattercook, 
Big X Chief, 
Jimmy X Cornplanter, 
Thomas X Snow, 
Peter X Snow, 
John X Jimeson, 
Old X Hemlock, 
William X Ruben, 
Young X General, 
John X Bennett, 
Little X Joe, 
David X Button, 
John X Dick, 
John X Spruce, 
Joe X Logan, 
Charles Kennedy, 
William X Logan, 
John X Greenblanket, 
George X Deer, 
Stephen Silverheels, 
John X Luke, 



No. 108.] 

John X Deer, 
John X Stephens, 
George X Green, 
Solomon X Obail, 
Young X Joe, 
John X Pierce, 
John Hudson, 
Alexander R. X Tallchief, 
William X Tallchief, 
David X Shongo, 
William X John, 
John X Cook, 



13 



Captain X Jackson, 
George X Jimison, 
David X Greenblanket, 
Abram X Johnnyjohn, 
Peter X Johnson, 
George X White, 
John X Joe, 
Thomas X Halfwhite, 
Lafayette X Brooks, 
Thomas B. Greybeard, 
Joseph X Dudley, 
Lorenzo X Sundown. 



I hereby certify that the above copy has been examined and com- 
pared with the original, now on file in the archives of the Seneca 
Nation of Indians, by me, and is a correct transcript of the same, 
and of the whole of said Declaration, Constitution and Charter. 

WM. JEMERSON, Clerk of the 

Seneca JYation of Indians. 
Cattaraugus Reservation, Erie county, N. Y., Dec. 5, 1848. 









Affidavit of James Spring. 



State of New- York 
Cattaraugus County 



;Jss. 



James Spring, a Seneca Indian, resident upon the Cattaraugus 
Reservation, being duly sworn, deposeth and saith, that he was one 
of the acting chiefs of the Seneca Nation prior to the adoption of 
the new form of government by said Nation; that the people of the 
Seneca Nation had for months previous to the fourth of December, 
1848, and the adoption of the new form of government, discussed 
and contemplated the subject of the change in their form of govern- 
ment; that the deponent, and other persons who were acting as 
chiefs at the time, were using their influence to break up the com- 
pact which was then being formed by the people, and paralyse the 
efforts of the spirit of reform, but that the influence of the chiefs 
failed, and that the people of the Seneca Nation of Indians, on the 
fourth day of December, 1848, adopted and established a new form 
of government. 

The deponent further saith, that due notice had been given to all of 
the Nation, including chiefs and warriors, that a general convention 
was to be held on the first day of December ult. ; that said notice 
was given in accordance with our usual custom, i. e. by messengers; 
that the chiefs, as well as the warriors, w^ere notified to his certain 
knowledge, but that the chiefs, or many of them, refused to attend, 
but opposed said convention. 

The deponent further saith, that in the month of June, 1848, the 
chiefs passed a law changing the form of government, to take effect 
on the first Tuesday of May next. The government proposed is the 
same in principle as adopted by the people, but that the chiefs, at a 
subsequent council, repealed the said law providing for the change 
of government, and utterly refused to listen to the wishes of the 
people. 

The deponent further saith, that he has heard the documents read 
which was forwarded to the general government by the warriors of 
the Seneca Nation, in which they have made charges against the 
chiefs; that said charges were all true and correct. 



No. 108.] 15 

The deponent further saith, that a very large majority of the Sen- 
eca Nation are in favor of the new form of government, and that 
the deponent believes that but few, other than chiefs, are opposed 
to the new government of our nation. 

The deponent further saith, that he believes that the chiefs are 
opposed to a new government, not because they think it will prove 
injurious to the best interests of the people, but because they are like 
all men in power, they are not willing to submit to the will of the 
people. That he has not, nor any of the late chiefs, signed any 
power of attorney authorizing any person or persons to proceed to 
the seat of government, or to the Legislature of New-York; that the 
delegates on the part of the new government have been regularly 
appointed and nominated to proceed to the city of Albany, and to 
the seat of the general government. The deponent further saith, 
that the number opposed to and in favor of the new government, 
may be ascertained by the list of those that refused to receive their 
annuities, and those that received; that the party in favor of the 
new government received their annuities the last fall, under the act 
of Congress, 1847 j that the census of said Nation is in the posses- 
sion of Peter Wilson, who was one of the marshals appointed to 
take said census, and further deponent saith not. 



JAMES SPRING. 



Versailles, Jan. Idth 1849. 



Witness, his 

JOHN X BALDWIN, 

mark. 
PETER WTLSON. 



Subscribed and sworn before me, this ) 
15th day of January, 1849. ) 

Jonathan Wood, Justice. 



16 [Assembly 

Letter from R. H. Shankland. 

Ellicottville, Jan. 9thy 1848, 
Dear Sir: — 

I am well satisfied a large majority of the Senecas, residing on 
the Cattaraugus and Allegany reservations are in favor of the new 
form of government, recently adopted in a general council, held on 
the Cattaraugus reservation. The test between the parties may be 
seen in the list of those who received, and those who declined re- 
ceiving their shares of the United States Government annuity for the 
two last quarters of 1848. Those who declined are in favor of the 
old system of government, and those who received are in favor of the 
new. On the Cattaraugus reservation, two hundred and one de- 
clined, and three hundred and eighty five received. On the Allega- 
ny one hundred and fifty-five declined, and six hundred and fifty- 
eight received. The Allegany people, however, continue to come 
in every day and receive their shares, and it is fair to presume many 
of those who have declined will yet come forward and receive their 
shares. This is a fair estimate of those opposed and in favor of the 
new government, as they take sides upon the mode of payment just 
as they feel in relation to the change of government, as was plainly 
to be seen when I made the payments. 

Very respectfully, your ob't servant, 

R. H. SHANKLAND, 

U. S, Sub. Agent JV. Y. Indians. 

Dr. Peter Wilson, Versailles. 



No. 108.J 17 

Letter from Wm. Medill. 

(Copy.) 

War Dkpartment, ) 
OJice Indian affairs, Feb. 2nd, 1849. ) 
Sir: — 

I enclose for your information a copy of a letter of this date 
to Sub. Agent Shankland, from which you will perceive that the new 
form of government adopted by the New-York Indians on the Catta- 
raugus aad Allegany reservations will be recognized by the T>e\)art- 
ment and conformed to in its transactions with them, and that you 
will be recognized and respected as their friend and the representa- 
tive of their wishes and interests. 

Very respectfully, 

your obedient servant, 

WM. j\:edill. 

Philip E. Thomas. 



Letter from "Wm. Medill. 

(Copy.) 

War Department, ) 
Office Indian affairs, Feb. 2nd, 1849. ) 
Sir: — 

Your report of the 24th ultimo has just been received. 
The new form of government of the Indians on the Cattaraugus 
and Allegany reservations having been adopted by a majority will be 
recognized by the Government, and so far as may be necessary, the 
relations of the Government with those Indians will be made to con- 
form thereto. And as requested by them, Philip E. Thomas of Balti- 
more will be recognized as their friend and as the representative of 
their wishes and interests. 

Very respectfully, 

your obedient servant, 

WM. MEDILL. 
R. H. Shankland, Sub. Agent, 

Ellicottville, JYew- York. 
[Assembly, No. 108.] 2 



18 [Assembly 

Lett.^r rrom Nath'l T. Strong. 

Albany, February \bth, 1849. 
Sir: — 

Having understood that certain papers have been laid before 
your Excellency, one of which purporting to be a constitution or 
charter, said to have been adopted by the Seneca nation of Indians^ 
abolishing the lioquois system of government, as formed by the con- 
federacy of the Six Nations of Indians centuries ago, asking the ex- 
ecutive to recognize the same. 

In the absence of my colleague Mr. Pierce, who is now at Wash- 
ington city, I send you herewith my remonstrance against the recog- 
nition of this pretended government, marked (A). Also copy of a 
petition, signed by the Seneca chiefs almost unamimously, addressed 
to the President of the United States, marked (B); also a copy of 
another petition, signed by ninety-eight Seneca warriors, addressed 
to the President, marked (C). 

I desire these petitions, so much thereof as they may be applica- 
ble to the question before you, may be considered as a part of my 
protest. 

I have the honor to be, 
very respectfully, 

your ob't servant, 
NATH'L T. STRONG, 
A Seneca delegate. 
To His Excellency Thk Governor, Albany. 



A. 

To his Excellency, Hamilton Fish, Governor, ^~c. «§'c.; 

The undersigned Seneca chief, delegate from the Seneca Nation, 
respectfully remonstrates against the recognition of a pretended gov- 
ernment now before your excellency, abolishing the ancient Iroquoy 
system of Indian government, which portion of our people allege, 
that in the fourth of December last, on the Cattaraugus Reservation, 
met in general convention by the representatives of the Seneca Na- 
tion of Indians for the purpose of forming a constitution or charter. 



No. 108.] * 19 

and implore the government of the United States and the State of 
New-York to aid them in providing them laws, under which progress 
shall be possible. 

The undersigned further represents that the proceedings of the pre- 
tended convention were unknown to the great body of our people, 
and the pretended representatives of the Seneca Nation of Indians 
were self constituted, and are men composed generally of bad moral 
reputation, as their names appear to the constitution in a printed 
pamphlet circulated among some of the members of the Honorable 
the Legislature. 

The undersigned further represents that the fathers of the nations, 
the chiefs, were never informed of any such convention as here al- 
leged, and that they do not feel prepared at this time to change the 
venerated custom and usages of government of our fore-fathers, and 
which the government of this State has ever respected their authority 
m having made treaties with tl:era. 

The undersigned further represents, that in the constitution before 
referred to, there are strong objections, aside from principle. The 
rights of the Indians are not defined under this constitution; it makes 
no regulation of the land held by the Senecas in common, and pro- 
vides no mode of taxation for the support of the government of the 
schools and for the support of the poor, although this constitution 
purports to have been adopted by the Seneca nation and for the Sen- 
eca Indians; but the 10th section makes " every male Indian of the 
age of twenty-one and upwards," residing on the Cattaraugus, Alle- 
gany and Oil Spring Reservations, voters, provided they owned and 
possessed lands which shall have been taxed for highway purposes, 
&c.; and in the 11th section it makes them eligible to all the offices 
under the constitution. It is easy to see the object of this; it is to 
make the Cayugas, Mohawks, Dela wares, Onondagas and Oneidas, re- 
siding on the Seneca landS; at sufferance voters at elections, for the 
undersigned apprehends the framers of the constitution did not de- 
sign to make property qualification before they became voters. If 
such were the intention, about one-third of the framers themselves 
would be disqualified thereby, they having no improvements which 
would be considered as taxable. The l8th section has in its nature 
to subserve a private end, if adopted. It would be detriment ;1 to 
the interest o^ the Indians. It needs no great discernment to see 
that the whole is conceived and planned, so that foreign capital can 
(Operate on the lands and territories of the Seneca Indians, under the 



2a ' [Ai 



SSEBIBI.Y 



clause that " nothing in this charter shall be construed as prohibiting 
the erection of mills and other works for manufacturing or other pur- 
poses, by any individual upon his own premises, provided that in so 
doing he do not trespass upon the right of any other individual; and 
such erections by individuals shall be respected as strictly private 
property." And thus the valuable timber too, on* the reservations, 
would be converted into timber for market, and very soon the Indians 
would have no timber for rails for their fences, nor materials for 
building purposes. 

The undersigned further represents, that the pretended framers of 
the constitution are ignorant and uneducated men, and they are the 
men who have always been opposed to the education of their chil- 
dren, and in every improvement of civilization; and the signatures 
to the constitution shows the fact that they are those who are called 
the Pagan party, excepting four heedless young men w^ho latterly 
classed themselves as belonging to the Christian party, and the sign- 
ers of the charter are men possessing little or no property, excepting 
what they owned in common with the nation, and have ever mani- 
fested feelings of the worst kind of agrarianism., and look with zeal- 
ous eye on all those who were making efforts to elevate themselves 
and better their condition, and these men have long sought for power 
to level all down to an equality with theirs; and you adopt this pre- 
tended government, they will legislate to suit those whose tools and 
dupes they are, the designing men, more able and better qualified^ 
for they themselves know no more about constitutional government 
than the pioneers of the prairies. 

The undersigned further represents, that abolishing the ancient 
system of government for the Indians entirely, is a new thing, one 
which never was before attempted, even by those of the most civil- 
ized of the Indian tribes or nations in the United States. The Che- 
rokees in forming their governments, did not attempt to a" olish their 
chiefs, but made them members of one branch of the national coun- 
cil, while the other branch was elected from the people as a co-or- 
dinate branch with the chiefs, and these branches of the national 
council, elects from the chiefs as executive officers of the nation for a 
limited period. 

And the undersigned further represents, that all the intelligent of 
the Seneca people, the chiefs and the warriors, are opposed to this 
unauthorised and dangerous proceeding of their misguided brethren. 
They have now the privileges and enjoyments which few cornmuni-. 



No. 108.] ^ 

ties on earth are blessed with. They have now the right to im- 
prove and cultivate from our common lands to any extent they de- 
sire, and the right to cut down timber of every description, from any 
part or portion of our common reservations, for their own use ; and 
they have the privilege of sending their children to school, whether 
to the missionary schools or to the Quaker school, or to the school 
established by the benificence of the State; free of all taxation for 
the lands they occupy, and free of all expense for the education of 
their children; and have the right of selecting where their children 
should be taught. And they have also the right, under the act of 
1847, of electing their own officers, peace makers, treasurer, mar- 
shals, &c. Nothing but ignorance prevents them from appreciating 
the many benefits they^^njoy, especially that their happy lot is cast 
in this great, noble and generous State of New-York, whom our peo- 
ple never knew but kindness from its inhabitants : and why should 
they feel uneasy, and wish to disturb this their happy condition, for 
that of an untried experiment ; simply, in their simplicity, to gratify 
the feelings of few individuals, who look to their own selfish and 
unworthy ambition. 

And the unders'gned further represents, that the chiefs look for- 
ward to the day when our children shall be educated and civilized, 
to come under your laws and merged into the great family of the 
people of the State of New-York. 

But this requires time, and the chiefs believe we have now the 
elements to produce that effect, without the necessity of disturbing 
our existing goverement, which is now generally understood ; but if 
another form of government is instituted in its place, it will require 
a re-organization of the laws regulating the Indian affairs. And we 
have -a treaty with this State, of 12th Sept., 1815, and as amended, 
of the 6th of March, 1830, payable to the chiefs, and the money be- 
longs to the chiefs, which was never distributed to the people. 

The undersigned further represents, that the officers purporting to 
have been elected under this constitution, have not p'^rformed the 
functions of the offices they have been elected ; and probably many 
of them are not aware of their election, as it is understood most of 
them were not present at the time of their election ; but this is 
purely paper revolution thus far. 

The undersigned further represents, that the Tonewanda Seneca 
Indians, who number upwards of five hundred souls, have not been 



22 [Assembly 

consulted on this subject, and has as much interest in the affairs of 
Seneca c:overnment, as of the two reservations aforesaid. 

The undersigned further represents, that question arose in the Leg- 
islature in 1845, on the introduction of a bill for the " improvement 
and protection for the Seneca Indians, residing on the Cattaraugus 
and Allegany reservations in this State," as to how far the State 
had a right to interfere or sanction ordinances or alterations by the 
Seneca Indian conventions, in regard to the sale of their lands, in 
consequence of this, the most important section intended to secure in 
the law, was stricken out from the bill. This seems to come in 
conflict with the 6th section of the pretended constitution, Senate 
doc. vol. 3, No. 93. ^ 

And the undersigned further represents, that the action of the 
commissioner on Indian affairs at Washington on this question, is 
clearly in violation of the treaty between the United States and the 
Six Nations, Nov. 11th, 1794. Book of Indian treaties, p. 48, State 
Library. 

Thus the undersigned has feebly presented the views of the Seneca 
chiefs and people, and hope it will receive that consideration which 
it deserves. 

NATHANIEL T. STRONG, 

Ji Delegate from the Seneca JVation. 
Albany, Feb. 15, 1849. 



B. 

To the President of the United States of America: 

The undersigned, c'.iefs of the Seneca nation, respectfully represent 
that the distiibution among the heads of families by the United States^ 
oithe Seneca annuities, instead of the payment thereof in gross to the 
chiefs in council, is unjust and very injurious to theSenecas We delight 
to address you as our gieat father; we are pleased with the notion 
that our interest are in a measure committed to the keeping of the 
President of the great people who now fill the land of our fathers. 
We are weal., and need a fatherly care and protection. The hope 
that our great father will be as jealous of our rights as he is of 
those of his own people. We have rights similar to those our white 



No. 108.J 23 

brothers say lie at the foundation of their prosperity, and they 
are precious to us. They are the few green boughs on the dead oak, 
whose branches once extended from the Hudson river to lake Erie. 
They are the relicts of our former greatness, and shade but the rem- 
nant of our nation, who now, from their small Reservations, appeal to 
you for justice. We have treaties with the United States. We can- 
not believe that what was promised to our strong fathers will be de- 
nied to their weak sons. We ask only that these treaties may be 
observed and that our rights may be respected. 

We do not understand why our internal concerns should be inter- 
fered with by our great father, who has so often promised to leave 
us alone, so long as we maintained peace and asked not his interpo- 
sition, nor why our great father should keep his word with great 
nations, and break it with the little nations that nestle under his 
broad wings. 

We are improving in agriculture, in government, in everything. 
We have taken little steps, leaning upon the strong arm of our fa- 
ther. We must move very slow, for we are weak, and the path is a 
new one, one which our fathers never trod. If our father leads us 
gently, and bears with us, we will go on, but if he pushes us away 
to go alone, we must lose the way and perish. We have our old 
customs to lean upon as a staff. New laws such as the white man 
has, are not good for the Indian. They are a big staff, so big that 
his small fingers cannot grasp it. When we have grown to be big 
enough, we may lay aside our little stick, but if it be snatched away 
now, we must fall and die. We do not think it good to burn the 
council-house before we can build tlie court-house. The Indian 
must be governed by their old customs until they can live under the 
laws of the white men. We fear our great father forgets how young 
his Seneca children are. He commands them to run, when they can 
hardly stand in this new path. 

Listen, father ! In 1834 Congress passed a law by which the an- 
nuities of our nation should be paid to us, the cheifs, or to such per- 
sons as we should appoint. This was no new thing. It had always 
been so. We, the chiefs, are the Seneca nation; its head — its heart 
— its voice. In old times the chiefs in council made war and peace, 
and law. Your treaties were made with- the chiefs and sacL«:.riS of 
the Senecas in their great council. The nation was once very strong. 
It is now very weak, but still has its chiefs and councils; — why 
should our great father go about to talk with our squaws and our 



24 [Assembly 

young men? Can he make treaties with them? How can he per- 
form with them promises which he made to the chiefs in council I 
They tell us France promised to pay the United States for some ships 
she had taken wrongfully from American citizens. Did France come 
into this country and make a secret settlement with these citizens, or 
did she pay the money to the United States to be distributed? You 
conquered Mexico, and she agreed to give you a great territory. 
Did Mexico give a little piece of the land to this man, and a little 
piece to that man, or did she give up the whole to the United States? 

But our Great Father promised to pay the Seneca nation so much 
money every year: and then, instead of paying it to us, who repre- 
sents the nation, he sends his agent to divide it among our people, 
this is not just. When the treaties were made our people understood, 
and so did our Father, that the money and goods were to be paid 
forever to the chiefs in council, and that the chiefs would divide it ac- 
cording to the customs of our nation. What right had Congress to 
pass the act of 1847 authorising the President, or the Secretary of 
War, to order our annuities to be divided and paid over to the heads 
of families, and other individuals entitled to participate in them? 
We never consented to any such law. Are we slaves, or are we 
children? How can you unmake an agreement we both made? We 
are alarmed! What will come next? If you do this what guarantee 
have we that all the annuities will be paid? If this be keeping your 
ageement, we do not see why you cannot withhold all payments and 
still keep it? If you can divide the money at all, you can do as you 
please, you may say this is a bad chief and he shall have none, or 
this a good squaw and she shall have a great deal. 

Listen Father! The State of New- York has been very kind to us^ 
she too pays annuities under old treaties. Her Legislature has given 
us some new laws, but never tried to destroy the chiefs or to alter 
those treaties. True it is that in 1845, the Legislature passed " An 
act for the protection and improvements of the Seneca Indians re- 
siding on the Cattaraugus and Allegany reservations,'< enabling our 
people to elect peace-makers, and " a treasurer should receive all 
moneys belonging to the nation," but the act also provided that he 
should expend the same according to the direction of " a majority of 
the chiefs in council." 

But the Legislature soon saw that this interference with our cus- 
toms was wrong, and in 1847 they passed another act, excepting the 
annuities payable by the general government, or by the state, and de- 
claring that these annuities should be paid to the chiefs in council. 



No. 108. j 26 

or to special committees appointed by them, to be distributed accord* 
ing to the customs ot the said nation. The Legislature knows our 
customs and our wants, it is very close to us; it respects its treaties 
with us, an ! the customs ol our nation. 

Listen Father! Bad people may say it is wrong to pay these an- 
nuities to us, but we know that it is right. Have we cheated our 
people? Our hands are clean, why then interfere between us and 
them? If we do wrong our customs will reach and punish us, will 
our Father break his word, for fear we should wrong our people. 

Listen Father to the truth ! Say that you are so great and we so 
little that you may do whatever you please, and see which mode of 
payment is best for the Indians. Your agent comes and pays each 
head of a family a few dollars and a little cloth, and so empties his 
hands, and goes away; in a few days all is gone. Bye and bye 
our poor Indians come to the chiefs and ask for food, but there is 
nothing for them; sick Indians want medicine, and naked Indians 
want clothes, but the chiefs have no medicine nor clothes. They go 
to the store-keeper and ask to be trusted, but the store-keeper tells 
them I can't trust you, but if the chiefs promise to pay, I'll give 
you what little things you need, and wait until the next summer. 
But how can the chiefs pass their word for money which will not 
be paid to them. 

Then comes trouble to the nation, and the chiefs want a little 
money to ward it off. But they have none, and white men can cut 
down the timber, and steal their land, and abuse the Indians as tbty 
please, while the chiefs can only sit still and talk; and so your annu- 
ity comes down like water in a thunder storm: in a few minutes the 
land is covered, but in a little while it all runs off and leaves it dry 
as ever. But pay the money to the chiefs, and it comes like a soak- 
ing rain that goes deep into the ground, and makes all good things 
grow. They take a little part and put it by for the poor and for the 
nation, and divide the rest among the people. When sick and poor 
people come to them in the winttr, they can help them a little; and 
they can pass their word to the storekeepers for the honest and indus- 
trious Indians and all things go well. But now our great Father, 
who is so far off, and who is never here but for a day or two in sum- 
mer, cuts down the chiefs, who are the fathers of their people 
all the year round. He takes away all their power to do good, and 
teaches the young men to despise them. Very soon a chief will be 
nobody. But when the chiefs are nobodies, what will the people be? 



26 [Assembly 

When the influence of the chiefs is destroyed the people will be with- 
out law; when our councils are without power, our people are ruin- 
ed. We are Indians, and not white men. Take these things into 
consideration, Father, and destroy this unjust order. Live up to your 
treaties though they be made with poor Indians and be truly kind 
and just to us and to our people. 
January^ 1849. 

Cattaraugus Chiefs. Signed their 
Seneca White, Israel X Jimeson. 

Samuel Gordon, Morris X Halftown. 

Henry Two Guns, Job X Pierce, 

Daniel Two Guns, Jacob X Benneth. 

Sam'l Logan, Jonah X Armstrong. 

John Seneca, Isaac X Johny John. 

N. T. Strong, John X Longfinger. 

M. B. Pierce, Robert X Gordon. 

Joseph X Snow. 

John X Kennedy, jr. 

Joshua X Turkey. 

Abram X John. 

John X Dickey. 

Sam'l X Wilson. 

William X Kranse. 

Jacob X Johnson 
marks. 

I have witnessed the signatures of the names above excepting two, 
viz: John Dickey and Samuel Wilson. 

(Signed) ASHER BLISS. 

Signed Allegany Chiefs. Signed. 

Gov. Black X Snake. John X Pierce, 

Jacob X Blacksnake, William X Patterson, 

Sky X Pierce, James X Shango, 

Jacob X Shango, Isaac X Halftown, 

George X Killbuck, ' David X Halftown, 

Owen X Blacksnake, Jacob X Jjmespn, 

David Snow, James Pierce. 

We have witnessed all the above names except John Pierce. 
(Signed) WILLIAM HALL, 

EBENEZER WORTH. 



No. 108.] 27 

Cattaraugus Chiefs. 
Young X Chief, Geo. X Silverheels, 

William X Johnson, Peter White, 

Jabez Stennson, John Jackett. 

David White, 

We have witnessed the signatures of the above seven names. 

(Signed,) J. S. WALTON, 

C. T. CARRIER. 

Cattaraugus Chiefs 
Zechariah Jimeson, 
John Kennedy, jr. 
John Seneca, 
George X Dennis. 
1 hereby certify that the four preceding signatures of chiefs were 
affixed in my presence this 24th day of January, 1849. 

(Signed) ASHER WRIGHT. 

Cattaraugus Chiefs, 

Henry Siberheels, 
James Spring. 

I hereby certify that the two preceding signatures of chiefs were 
affixed in my presence this 25th day of January, 1849. 

(Signed) ASHER WRIGHT, 



c. 

To the President of the United States of America: 

The undersigned, warriors of the Seneca nation, respectfully re- 
present: that the distribution of the Seneca annuities by the United 
States, to heads of families, we are opposed, and we pray our great 
father the President to revoke the order and restore to us, the good 
old established custom whicn has operated much to our benefit for 
fifty years, and guaranteed to us by treaties made by our old chiefs 
with the United States. 

The undersigned further represent, that some of our brethren oi 
the Seneca warriors, have petitioned the government, we are told, to 



1^8 [Assembly 

recognize a new system of government said to have been adopted by 
our nation, of this pretended government we are opposed, because 
we know the men, who have been devising schemes and plans, and 
as we have good reason to believe are governed from no good mo- 
tives, but have listened to the counsels of bad and designing men. 
These warriors have met secretly, and at times, in some remote part 
of the Reservation, and only few have attended their meetings, but 
hav e made out their papers, as though it was done by the act of our 
people in convention. The signatures appended to the paper were 
obtained by the leaders here and there, of the warriors who are heed- 
less of what they do. 

We further represent, that many of the warriors, were once chiefs, 
who were deposed from the chieftainship, for violation of the laws 
and regulations of the nation for the guidance of the chiefs, in the 
discharge of their duties. And another class of the warriors, who are 
opposed and dislike the chiefs, because the chiefs will not permit them to 
buy or traffic in whiskey and other intoxicating drinks. And anoth- 
er class of warriors, who dislike the chiefs, they are those who want 
to sell timber of every description, and bark to the white people, from 
our common reservations, which our chiefs do not permit. 

And because the chiefs voted in council last summer, not to adopt 
the Cayuga Indians, residing on the Seneca reservations, into the 
Seneca nation. 

These are the principal and leading reasons, why our brethren of 
the warriors are trying to change our present system of government, 
and headed by Peter Willson, tlie U. S. Interpreter, who is a Cayuga, 
and is doing all he can to effect the object of some of our brethren, 
in the hopes of procuring liberal provisions for the Cayugas, should 
there be change in Seneca government. 

We hope these unauthorized and dangerous proceedings of our breth- 
ren will not be sanctioned by our great and good father, the Presi- 
dent. 

The charge against the chiefs of misapplication of the public funds, 
is almost too frivolous to say any thing here, the story is only got up 
for effect, the undersigned are satisfied that our chiefs have been much 
misrepresented, which we have no doubt, will be explained to the 
satisfaction of the government at the proper time. 



BD 1.4 87^^ 



No. 108.J 



29 



But if our great father should doubt our words, we hope he will 
send to us, some good man and see us, and judge for himself, and see 
too, whether we speak the truth, before he sanctions or recognizes 
the new plan of government sent to him. 

January, 1849, 



(Signed) 

S. M. Patterson, 
Thomas Jacobs, 
Benjamin Pierce, 
Tandy Jimeson, 
Simeon Pierce, 
George Titus, 
Johnson Jimeson, 
Billy Towdy, 
Robert Pierce, 
Jackson Carry, 
Harrison Halftown, 
Isaac Jimeson, 
Little Phillips, 
William Jimeson, 
Capt. Strong, 
Porter Halftown, 
John Jimeson, 



John Jimeson, 
Joseph Jemison, 
Hawley Jimesom, 
William Redeye, 
Simon Jemeson, 
John Philips, 
Goldsmith Thompson, 
Joseph Gordon, 
Thomas Halftown, 
William Blacksnake, 
James Crow, 
George Jacobs, 
Jesse Jackson, 
George Billy, 
Jackson Titus, 
Simeon T. Strong. 



We witnessed the signatures of the foregoing names. 

(Signed,) William Hall, 

Ebenezer Worth. 



James T. Jimeson, King Pierce. 

I witnessed the above two names. 



(Signed,) 



Ebenezer Worth. 



Ezekiel Shango, 
John Patterson, 
James Curry, 
Abell Curry, 
Ge-buck Johnson, 
Joseph Haris, 
Henry John, 
Reuben Jackson, 
Casler Redeye, 
James Ivison^ 



Alexander John, 
Abel Pierce, 
Eli Jimeson, 
Charles Thomas, 
Jake Fatty, 
James Hudson, 
Jesse Killbuck, 
James Logan, 
James Jacobs, 



30 



[Assembly 



I witnessed the above signatures. 
(Signed,) 



Ebenezer Worth. 



John Hutchison, 
William Spencer, 
Richard White, 
Thomas Beaver, 
Lewis Bennett, 
Jonathan Johnson, 
John Cornfield, 
Noah Twoguns, 



James Brooks, 
John Jacobs, 
Hiram Dennis, 
Samuel Brooks, 
Jacob Dolson, 
George W^arner, 
William Scott, 
Charles Tallchief. 



We have witnessed the signatures of the sixteen names just pre- 
ceding this. ,' 

(Signed,) C. T. Carter, 

W. S. Walton. 



Samuel Jimeson, 
Cephas Twoguns, 
James Turkey, 
Asa Turkey, 
Moses Kenjackety, 
John Hutchvis, 
William Green, 
Abram Halftown, 
Fillmore Jackson, 
William Jones, Jr., 
Ira Pierce, 
Lewis Seneca. 



Thomas Jimeson, 
George Pierce, 
John Harris, 
George Willson, 
Hanoree Bennett, 
Henry Snow, 
Nicholas Jimeson, 
John Martin, 
John Bennett, 
Major Harris, 
David Snow, 
Jackett Warrior, 
Isaac Warrior, 
Titus Warrior, 
Samuel Warrior, 
Joseph Armstrong, 

I hereby certify that these signatures were affixed in my presence, 
this 25th day of Jan., 1849. 



(Signed,) 



AsHER Wright. 



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